Landlord Claims Improper Delay in Processing Hardship Application

March 1, 1997

LVT Number: 11304

Landlord applied to the DHCR for hardship rent increases. Landlord claimed that DHCR unnecessarily delayed processing of his application when the ``twenty-year law'' went into effect. Landlord sued the DHCR, claiming that, the agency, by its improper delay, had taken his property in violation of the constitution. The DHCR asked the court to dismiss the case without a trial. The court and appeals court ruled for DHCR. The ``twenty-year law'' advanced a legitimate State interest and didn't deny landlord an economically viable use of his property.

Landlord applied to the DHCR for hardship rent increases. Landlord claimed that DHCR unnecessarily delayed processing of his application when the ``twenty-year law'' went into effect. Landlord sued the DHCR, claiming that, the agency, by its improper delay, had taken his property in violation of the constitution. The DHCR asked the court to dismiss the case without a trial. The court and appeals court ruled for DHCR. The ``twenty-year law'' advanced a legitimate State interest and didn't deny landlord an economically viable use of his property. The laws and regulations applied all had a reasonable relationship to a valid public purpose.

Ziman v. DHCR: NYLJ, p. 26, col. 3 (2/3/97) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Rubin, Mazzarelli, JJ)

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